No. 20-5816

Jose Antonio Acevedo-Lemus v. United States

Lower Court: Ninth Circuit
Docketed: 2020-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver
Latest Conference: 2020-10-16
Question Presented (from Petition)

1. When a defendant raises a new theory on appeal in support
of a suppression motion filed in district court—in this case, a
lack of probable cause for a search warrant—is the argument
reviewable for plain error, as the Fourth, Fifth, Sixth, and
Eleventh Circuits have held, or does Federal Rule of
Criminal Procedure 12's good-cause standard displace the
plain-error standard in Federal Rule of Criminal Procedure
52(b), as the First, Second, Third, Seventh, Eighth, Ninth,
and Tenth Circuits have held?

2. Whether, contrary to the Ninth Circuit's decision here, a
search warrant which fails to allege that the subject has
accessed or even attempted to access child pornography, but
merely had accessed a website in which child pornography
was apparently available, fails to establish probable cause to
search the subject's home and computers for evidence of child
pornography, as the Second, Fourth, and Tenth Circuit have
held.

Question Presented (AI Summary)

Whether a new theory raised on appeal in support of a suppression motion is reviewable for plain error or under Rule 12's good-cause standard

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-29
Waiver of right of respondent United States of America to respond filed.
2020-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Jose Antonio Acevedo-Lemus
Jonathan David LibbyOffice of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent